Eighth Periodic Report
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FOREWORD 1 EIGHTH PERIODIC REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES 2015 - 2018 REPORT REPORT 500 11.2019 2019.1146/004;002 Credits Prepared by the ICRC Regional IHL Hub in Cairo – Omar Mekky, Aly El Badrawy, Ingy Aboloyoun, Basant Abdel-Meguid, Sally Talal and Nahla Hefny. This was done in consultation with the Legal Affairs Section of the League of Arab States. The map on the cover page of this report reflects the Arabic-speaking countries covered by the League of Arab States; it is for illustrative purposes only. The map and the content of the report do not express an opinion on the part of the ICRC concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of frontiers and boundaries. The length of the text devoted to a given state in the report is not necessarily exhaustive or proportional to the magnitude of the efforts or importance. It includes what was submitted by states in their questionnaires. International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 E-mail: [email protected] www.icrc.org © ICRC, November 2019 EIGHTH PERIODIC REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES 2015 - 2018 CONTENTS 5 CONTENTS FOREWORD .......................................................................................................................................................................7 1. INTRODUCTION ............................................................................................................................................................11 2. REGIONAL REPORT ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB REGION ........15 3. REGIONAL PLAN OF ACTION ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AT THE LEVEL OF ARAB STATES (2018-2020) ..............................................................................................................35 List of Participants of the Eleventh Meeting of Arab Government Experts on the National Implementation of IHL – Cairo, Egypt (19 - 20 September 2018) ......................................................................................39 4. STATE REPORTS ON NATIONAL MEASURES FOR THE IMPLEMENTATION OF IHL ........................................................43 1. Hashemite Kingdom of Jordan ......................46 12. The Sultanate of Oman ...............................64 2. United Arab Emirates ....................................48 13. State of Palestine ......................................65 3. Kingdom of Bahrain ......................................50 14. State of Qatar ............................................67 4. Republic of Tunisia(*) ...................................52 15. Republic of Comoros(*) ..............................70 5. Democratic Popular Republic of Algeria .........53 16. State of Kuwait ..........................................71 6. Djibouti(*) ................................................... 55 17. Republic of Lebanon ..................................73 7. Kingdom of Saudi Arabia ..............................56 18. State of Libya ............................................75 8. Republic of Sudan ........................................58 19. Arab Republic of Egypt ..............................77 9. Arab Republic of Syria(*) ..............................60 20. Kingdom of Morocco .................................82 10. Democratic Republic of Somalia(*) ................61 21. Islamic Republic of Mauritania(*) ..............85 11. Republic of Iraq ...........................................62 22. Republic of Yemen ....................................86 5. ANNEXES ...................................................................................................................................................................89 1. Summary list of all national committees on international humanitarian law and similar national bodies .........92 2. Detailed list of information related to national committees on international humanitarian law in Arab states ....94 3. Factsheet on national committees on international humanitarian law .......................................................107 4. Table of all the international humanitarian law-related conventions signed/ratified/acceded to by Arab states ....109 5. The Arab model law on international crimes ..........................................................................................126 6. Memorandum of understanding between the State of Kuwait and the ICRC on the creation of the regional centre for training magistrates and public prosecutors in the field of international humanitarian law..............134 7. Memorandum of understanding between the United Arab Emirates and the ICRC on the creation of the regional centre for training diplomats in the field of international humanitarian law...........................136 FOREWORD FOREWORD 9 FOREWORD This Eighth Periodic Report on the National Implementation of International Humanitarian Law (IHL) at the Level of Arab States (2015-2018) covers the work of the Arab governments in the field of dissemination and integration of IHL. As Head of the Cairo Delegation of the International Committee of the Red Cross (ICRC), which hosts the IHL regional hub that worked tirelessly on the issuance of this report, it is an honor for me to introduce this important work to a wider audience. With great regret, and great empathy for the people and communities affected, we are witnessing how recent and decade-old conflicts have devastated this part of the world. We have done the utmost, together with our partners in the national Red Crescent and Red Cross (RCRC) societies, to respond to the massive humanitarian needs caused by conflicts, occupation and other situations of violence in the Arab region. The root causes for these conflicts are complex, but one thing is sure: it is the disregard for the basic rules of humanitarian law – the protection afforded to civilians and those who no longer participate to the fighting, to health services and other civilian infrastructure - that has brought about this magnitude of death, injury and suffering, large scale destruction and displacement of millions of people. It is exactly for this reason, and for the prevention of further violations and atrocities, that it is so crucial to make this law known and respected under all circumstances that fall under it. This year we are celebrating the 70th anniversary of the four Geneva Conventions of 1949, and the 20th anniversary for the signing of the League of Arab States (LAS)-ICRC cooperation agreement. It is thus the right moment to reflect on the challenges facing the preservation of humanity during war, particularly in this region. But it is equally important to look at the efforts, break-throughs and successes of Arab states to disseminate and implement IHL. This report, thus, puts a focus on these joint efforts of the states themselves, LAS and the ICRC. This report is the outcome of the Eleventh Arab Governmental IHL Expert Meeting that took place in September 2018 in Cairo. Its first section provides an overview on the ratification and national implementation of IHL treaties and provisions by LAS member states. The overview is followed by the Plan of Action and regional commitments that were adopted during this 11th Expert Meeting. The third part consists of reports on the ongoing efforts of individual states in the domain of IHL implementation. With these elements, the report is not only a documentation of past and present efforts, but also a major impetus for all of us to intensify our efforts for better respect of the rules of IHL. The integration of IHL provisions into the national legislation of each State, with the corresponding implementation, is of utmost importance, as it makes these rules binding and better known, and creates mechanisms to ensure compliance with these rules. It also contributes to addressing the long-term humanitarian consequences of today’s conflicts, and to the prevention of future violations. Let us remember that at the center of all this human suffering and humanitarian needs are ordinary people and affected communities. It is for these people and communities that the work on better respect for humanitarian law has to make a difference and have a concrete impact. It is my honor to extend on behalf of the ICRC my thanks and appreciation to all those who made, and continue to make, a difference in promoting and enforcing IHL, including LAS, representatives of armed forces, governments, parliaments, RCRC societies, and other organizations and associations. We call upon you to maintain and enhance these efforts for the sake of respecting and ensuring respect for the rules of IHL in the Arab region. In conclusion, the fundamental challenge facing us today is to make IHL work, but we must remember that IHL is only as strong as we make it. It's up to all of us. For its part, the ICRC will continue to offer its expertise and support for initiatives to improve the respect for the rules of IHL, hoping to witness progress in its faithful application, and thus alleviate human suffering. Ronald Ofteringer Head of the ICRC Delegation in Cairo, Egypt International Committee of the Red Cross 1. INTRODUCTION INTRODUCTION 13 INTRODUCTION FOLLOW-UP COMMITTEE ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW IN THE ARAB WORLD The Follow-up Committee on the implementation of international